Illinois: Power of Attorney Requirements

The short answer

Illinois requires three signatures on a financial (property) power of
attorney: the principal's, at least one qualified witness's, and a notary's
acknowledgment. That applies to the statutory short form and to custom
documents alike — a nonstatutory property power "must be executed by the
principal, ... must be signed by at least one witness to the principal's
signature, and ... must indicate that the principal has acknowledged his or
her signature before a notary public" (755 ILCS 45/3-3(b)). The notary cannot
double as the witness.

Durability takes care of itself in Illinois: unless the document says
otherwise, the agency "continues until the death of the principal,
notwithstanding any lapse of time, the principal's disability or incapacity
or appointment of a guardian" (755 ILCS 45/2-5). If the power of attorney
will be used for real estate, plan on recording it in the county where the
land sits (765 ILCS 5/28).

Requirements one by one

Governing law

Financial POAs are governed by the Illinois Power of Attorney Act, 755 ILCS
45 — Article II supplies the general rules for every agency, and Article III,
the "Statutory Short Form Power of Attorney for Property Law," supplies the
property form and its execution rules. Illinois has not adopted the Uniform
Power of Attorney Act; this is the state's own scheme, dating to 1987 and
amended regularly since (most recently by Public Act 103-994, effective
January 1, 2025, which revised the acceptance-and-refusal rules).

Who must sign

The principal. The statutory form's mandatory notice tells the signer: "You
are not required to sign this Power of Attorney, but it will not take effect
without your signature" (755 ILCS 45/3-3(c)). The form's execution block
calls for the principal's dated signature, made in the presence of both the
witness and the notary. The Act does not set out a substitute-signature
procedure for a principal who is physically unable to sign, so a mark-based
signature and notarial options outside the Act are matters to raise with a
lawyer.

Notarization

Required. Every property POA must "indicate that the principal has
acknowledged his or her signature before a notary public" (755 ILCS
45/3-3(b)). On the statutory form, the notary certifies that the principal
"appeared before me and the witness(es) ... in person and acknowledged
signing and delivering the instrument as the free and voluntary act of the
principal" (755 ILCS 45/3-3(d)).

Witnesses

At least one witness must sign — a requirement that "applies only to
instruments executed on or after June 9, 2000" (755 ILCS 45/3-3(f)); older
documents are judged by the earlier law. The form's note warns that "the
notary may not also sign as a witness." The witness certification
disqualifies: the attending physician or mental-health provider (or their
relatives); owners or operators of a health care facility where the
principal is a patient or resident (or their relatives); parents, siblings,
descendants — and their spouses — of either the principal or any agent; and
the agent or successor agent themselves (755 ILCS 45/3-3(d)). A second
witness is optional; the form includes a slot because "other jurisdictions
may require more than one witness."

Statutory form

Yes. The "statutory property power" consists of three parts: a Notice to the
Individual Signing (on a separate coversheet in 14-point type), the Illinois
Statutory Short Form Power of Attorney for Property itself, and a Notice to
Agent (755 ILCS 45/3-3(a)). Substantial compliance is enough, and formatting
slips — notice not on a separate sheet, missing initials — do not defeat it
if the explanatory NOTE language is set off from the operative text (755 ILCS
45/3-3(b)). The form grants powers by category — real estate, banking,
stocks, and so on — and you strike out the categories you do not want. Using
some "other or different form" remains lawful.

Durable by default?

Yes. "Unless the agency states an earlier termination date, the agency
continues until the death of the principal, notwithstanding any lapse of
time, the principal's disability or incapacity or appointment of a guardian
for the principal after the agency is signed" (755 ILCS 45/2-5), and the
agent's acts during any period of disability bind the principal as if
competent (755 ILCS 45/2-6). No durability wording is needed.

Springing POA allowed?

Yes. "The principal may specify in the agency the event or time when the
agency will begin and terminate" (755 ILCS 45/2-4(a)). Paragraph 6 of the
statutory form implements this: "This power of attorney shall become
effective on ____", with a note suggesting "a future date or event during
your lifetime, such as a court determination of your disability or a written
determination by your physician that you are incapacitated" (755 ILCS
45/3-3(d)). The Act also defines when a principal counts as incapacitated —
including a physician's signed written determination delivered to the agent,
on which the agent may conclusively rely (755 ILCS 45/2-3(c-5)).

Real estate extras

Recording is expected for land transactions: "Deeds, mortgages, powers of
attorney, and other instruments relating to or affecting the title to real
estate in this state, shall be recorded in the county in which such real
estate is situated" (765 ILCS 5/28). The officers who may take an
acknowledgment of a POA "relating to the sale, conveyance or other
disposition of real estate" — in-state, out-of-state, and abroad — are listed
in 765 ILCS 5/20. The standard notarized POA execution already satisfies the
acknowledgment requirement.

Out-of-state POAs

Illinois has no provision expressly validating POAs executed under another
state's formalities. Instead, the Act "governs every agency, whenever and
wherever executed" and "applies to all agencies exercised in Illinois"
(755 ILCS 45/2-4(b)). In practice, reliance rules do substantial work: any
person dealing with an agent "may presume, in the absence of actual
knowledge to the contrary, that the document purporting to establish the
agency was validly executed" (755 ILCS 45/2-8(c)). An out-of-state document
that lacks a witness signature may still be honored, but Illinois law does
not guarantee it the way UPOAA states do.

What trips people up

• Using the notary as the witness. Illinois needs a notary plus a
  separate qualified witness; "the notary may not also sign as a witness"
  (755 ILCS 45/3-3(d)).
• Family-member witnesses. Parents, siblings, descendants — and their
  spouses — of the principal or of any agent are disqualified, along with the
  agent and health-care providers (755 ILCS 45/3-3(d)). Pick an unrelated
  adult.
• Forgetting the Notice coversheet. The statutory package is three
  documents: the 14-point-type notice the principal initials, the form, and
  the Notice to Agent (755 ILCS 45/3-3(a)). Formatting slips are forgiven;
  omitting the pieces entirely invites disputes.
• Failure to strike unwanted powers. On the form, every category you do
  not draw a line through is granted (755 ILCS 45/3-3(d)).
• Real estate needs recording. Instruments affecting title — including
  the POA — "shall be recorded" in the county where the land is (765 ILCS
  5/28). Title companies will ask for a recordable original.

Common questions

How many witnesses does Illinois require? One, for any POA executed on
or after June 9, 2000 (755 ILCS 45/3-3(f)) — plus the notary. The form offers
an optional second witness slot for use in other jurisdictions.

Is an Illinois power of attorney durable automatically? Yes. It
continues until death — through disability, incapacity, or even appointment
of a guardian — unless the document sets an earlier end (755 ILCS 45/2-5).

Can I make it start only if I become incapacitated? Yes. Specify the
triggering event; the statutory form's paragraph 6 is built for it, and a
physician's signed written determination delivered to the agent is the
statutory mechanism the agent may rely on (755 ILCS 45/2-3(c-5), 2-4(a)).

Does a bank need the original? Not necessarily. A person may rely in
good faith on a copy, and may request the agent's Certification and
Acceptance of Authority; refusing a copy accompanied by that certification
is deemed unreasonable for statutory short form POAs (755 ILCS 45/2-8).

Statutes and sources

All quotations are from the Illinois Compiled Statutes as published by the
Illinois General Assembly, accessed 2026-07-04.

• 755 ILCS 45/3-3 — the statutory property power: three-part form,
  execution requirements for nonstatutory powers, witness disqualifications,
  notary/witness rules, and the June 9, 2000 witness effective date. Quoted
  above.
  View official text (ilga.gov)
• 755 ILCS 45/2-4 — the principal may set when the agency begins;
  applicability of the Act. Quoted above.
  View official text (ilga.gov)
• 755 ILCS 45/2-5 — duration until death notwithstanding disability,
  incapacity, or guardianship. Quoted above.
  View official text (ilga.gov)
• 755 ILCS 45/2-6 — effect of the agent's acts during the principal's
  disability. Quoted above.
  View official text (ilga.gov)
• 755 ILCS 45/2-8 — reliance on copies, the agent's certification, and
  presumptions of valid execution. Quoted above.
  View official text (ilga.gov)
• 765 ILCS 5/28 — recording of powers of attorney affecting real estate
  title in the county where the land is situated. Quoted above.
  View official text (ilga.gov)
• 765 ILCS 5/20 — officers before whom a POA relating to real estate may
  be acknowledged. Quoted above.
  View official text (ilga.gov)

Pending legislation: House Bill 4462 (104th General Assembly), described
above, was on second reading in the House as of July 4, 2026.